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Terms and Conditions

GENERAL CONDITIONS OF SALE (GCS)

1. Definitions
‘Subscription’: an arrangement to receive regularly some Products according to the quantity and frequency selected by the Customer.
‘Account’: the Account created by the Customer when registering on the Website.
‘Online Vouchers’: they are a credit, which could be issued by Lavika and usable by the Client or by the different beneficiary, for purchases solely on the Website. Online Vouchers are valid for a maximum of one year starting from the date of issue.
‘Gift Cards’: is a card, which could be made available on the Website, issued by Lavika, prepaid by the Customer, by which this latter (or a beneficiary) will be entitled purchase the Products on the Website, by using the credit included within the Gift Card. Gift Cards are valid for a maximum of one year from the date of issue.
‘GCS': these general conditions of sale.
‘General Terms of Use’: the general conditions of use of the Website explained at the following link.
‘Customer’: any natural and/or legal person who purchases the Products through the Website.
‘Consumer Code’: Legislative Decree 6 September 2005, n. 206 and any subsequent amendments and additions.
‘Order Confirmation e-mail’: it has the meaning indicated in art. 5 of these GCS.
‘Shipping Address’: the address indicated by the Customer on the Order for the delivery of the Products.
‘Order’: the purchase order related to the Products made by the Customer on the Website.
‘Parte’ o ‘Party’ or ‘Parties’: Lavika and/or the Customer.
‘Privacy Policy’: the document at the following link.
‘Products': any product sold by Lavika through the Website.
‘Lavika’ o ‘Seller’: the Italian company Lavika Società Benefit S.r.l., with registered office in Milan, Corso Magenta10, 20123, tax code and VAT number 12812860968, R.E.A. Milan 2685803.
‘Customer Service’: Lavika customer service that can be contacted at the addresses indicated in the following art. 3.
‘Website’: lavikalab.com also in mobile version and app (where available).
‘Terms and Conditions’: the GCS, the General Terms of Use, the Privacy Policy and any other rule and/or document on the Website.
‘Transport Company': are the following transport companies GLS, DHL and FedEx.
‘Territory’: Italy (including Repubblica di San Marino, Stato Città del Vaticano) and Europe (including the United Kingdom).


2. Purpose
The purpose of these GCS is to inform every potential Customer of the conditions and methods on which Lavika sells and deliver the Products and define the contractual rights and obligations of the Parties in relation to the sale of the Products and provision of any services offered on the Website from Lavika. The GCS apply, without limitation or condition, to all sales of the Products and services offered by Lavika on their Website. The sending of an Order by the Customer implies the total and unconditional acceptance of these GCS, as well as all the Website Terms and Conditions. Lavika reserves the right to modify the GCS at any time and without notice. It remains the Customer's responsibility to periodically check the GCS to verify if any changes have occurred. In any case, it is understood that the GCS applicable to the Order are the GCS in the version accepted by the Customer when the Order is sent. The GCS form an integral part of the Website Terms and Conditions. The Customer may not purchase Products if he/she is a minor or, for whatever reason, lacks the capacity to act. The Customer, by placing the Order, automatically represents that he/she has full capacity to act and enter into an agreement for the purchase of Products and/or services on the Website in accordance with these GCS. Lavika cannot under any circumstances be required to verify the capacity to act of visitors and Customers of the Website. In the event that a Customer who does not have the necessary capacity to act (for example a child) places an Order, without prejudice to the responsibility of the own parents or legal guardians for such Order and the related payment, Lavika may refuse to accept and/or process the Order. The Customer represents and warrants that the purchase of Products on the Website is intended for strictly personal use, with the exclusion of any commercial activity and/or for any other use. These GCS must be carefully examined by the Customer before completing the procedure for purchasing the Products and/or services through the Website. These GCS may be printed and stored by any person who has visited the Website.


3. Information about the Seller
Company name: Lavika Società Benefit S.r.l.
Registered office: Corso Magenta n. 10
Postcode: 20123
City: Milan (MI)
Country: Italy
VAT: 12812860968
Companies' Register number: R.E.A. Milano 2685803
Pec: lavika@pec.it
E-mail: info@lavikalab.com

4. Product Specifications

The Customer can select one or more Products among the different categories available on the Website. Lavika can change at any time the assortment of Products offered for sale on its Website and/or the information relating to them such as prices, descriptions or availability, without any prior notice. Such changes, if occurring after Lavika’s acceptance of the Order submitted by the Customer, will not impact the Products contained in the Order, subject to the provisions of art. 5 below in relation to the availability of the Product. Before sending the Order, the Customer can view on the Website all the information referred to in Article 49 of the Consumer Code, including, but not limited to, information relating to the Seller, the price, including taxes and shipping costs, to the essential specifications of the Products or services he/she wishes to purchase, and all other mandatory information required by Italian law. The Products comply with the legislation applicable in Italy in force at the time of the Order. The Products purchased by the Customer can be delivered only within the Territory. Lavika cannot be held responsible for the non-conformity of the Products according to the legislation of the different Country in which the Customer wishes to use the Products. For any questions regarding the Products and their use, for any further doubts or requests for clarification, the Customer can contact Customer Service by:
- sending an e-mail to the following address: info@lavikalab.com.


5. Products Availability

The offers presented by Lavika are valid for as long as they are published on the Website and within the limits of available stocks. For Products that are not immediately available in Lavika warehouses, offers published on the Website will be subject to availability. The information on the availability of the Products will be provided to the Customer in the Order confirmation e-mail (hereinafter referred to as "Order Confirmation E-mail"). Even after sending the Order Confirmation E-mail, there may be cases of partial or total unavailability of the Products. In this eventuality, the Customer will be promptly informed by e-mail or by telephone of the unavailability of the Product and he/she may decide whether:
- to accept the delivery of only available Products, obtaining a refund for those unavailable, or
- to request the cancellation of the Order, with consequent repayment of any amounts already paid, by sending an e-mail to the following address: orders@lavikalab.com.


6. Ordering Products

Each Order sent by the Customer, in addition to the acceptance of these GCS, also includes the acceptance of the Privacy Policy and, in general, of the Terms and Conditions and it constitutes an offer to purchase the Products indicated in the Order. All Orders are subject to acceptance by Lavika, who reserves the right, at its sole discretion, to refuse the Order without providing any reasons, including cases where:
- Orders cannot be executed due to an error in the information and data provided by the Customer at the time the Order is sent, merely by way of example and not exhaustive: the payment card number, expiration date or security code number of the card used for payment is incorrect; incorrect billing address (for example, if the billing address indicated does not correspond to the information held by the bank that issued the card); incorrect Shipping Address (for example, wrong address, city, country or postcode); or in case misleading information is provided by the Customer;
- an error has occurred on the Website relating to the Products ordered (by way of example but not limited to, an error relating to the price, or the description of the Products as shown on the Website);
- the ordered Products are no longer available on the Website and/or in the warehouse.
Lavika also reserves the right to suspend or cancel the fulfilment of an Order and/or delivery, regardless of the nature and progress of the Order, in case of non-payment or partial payment of any sum due by the Customer, in the event of problems with payment, or in the event of fraud or attempted fraud concerning the use of the Website, also with reference to previous Orders. In case of refusal of the Order, Lavika will notify the Customer, within 30 (thirty) working days from the date of the Order, about the impossibility to accept the Order. The customer can check the details of his Order and correct any errors before the Order is confirmed/sent. Once the Customer has confirmed the Order, the Customer declares to have knowingly accepted the content and conditions of the Order in question and, in particular, these GCS, prices, volumes, features, quantities and delivery times of the Products offered for sale and ordered by the Customer. After sending the Order, the Customer cannot cancel it, however it is advisable to contact the Customer Service for a possible resolution of problems relating to the Order. In any case, the Customer has the possibility of using the right of withdrawal, as provided under the following art. 12. The sale will be completed only upon acceptance of the Order by Lavika, by sending the Order Confirmation E-mail to the Customer. A second e-mail will be sent to the Customer when the Products covered by the Order are shipped. Where available, by activating the Subscription, the Customer authorises Lavika to charge the method of payment registered in the Account for future Orders set out in the Subscription plan, at the frequency and quantity selected by the Customer at the time the Subscription is activated. The actual cost of each shipment is specifically provided within the Product description on the Site and may vary depending on the quantity and frequency selected by the Customer. The Subscription Products will be shipped automatically to the Customer's address, unless the Customer cancels the Order before receiving the e-mail confirming the Order. It is understood that all Products purchased through the Subscription are not eligible for further discounts, offers or promotions of any kind or species. To proceed with the cancellation of the Subscription, the Customer shall, within the "My Account" section, click on "Manage Plan", then on "Cancel Subscription" and confirm the cancellation of the Subscription. Subsequently, Lavika shall send the Customer an e-mail notification informing him about the successful outcome of the cancellation procedure. Once the cancellation of the Subscription has been confirmed, Lavika will stop automatically sending Orders for Products. If the Customer has any questions, the Customer will be entitled to send an e-mail to info@lavikalab.com. Lavika will have the right to collect the entire price of the Order from the moment the Order Confirmation E-mail is sent. Lavika recommends that the Customer should keep the e-mails received from Lavika, whether on paper or electronically. The Customer, with the Order processing, accepts that the aforementioned e-mails will be sent to the e-mail address entered by the Customer at the time of registration of his Account. Lavika will not be responsible in case of insertion of invalid e-mail address and/or failure to receive the Order Confirmation E-mail for reasons not directly attributable to Lavika. In this case, the sale will be considered completed. The Customer may, however, exercise the right of withdrawal under the conditions set out in Article 12 of these GCS.


7. Prices of the Products
The prices of the Products offered for sale on the Website are in Euro and are the prices in force at the time the Order is placed by the Customer. Lavika may change the sales prices of the Products at any time and without notice. This change will be reported to the Customer before any Order is sent. Product prices are inclusive of VAT applicable at the time the Order is sent. Any changes to the applicable VAT rate will be automatically reflected on the price of the Products sold by Lavika through the Website. The prices of the Products do not include the shipping costs which, since they cannot be calculated in advance, will be displayed in the Order summary before confirming the Order. Shipping costs can be changed at any time by Lavika, but the changes will not be applied to Orders already sent and accepted by Lavika. Lavika invites the Customer to regularly consult the GCS. The costs and times related to the different delivery methods can be consulted at the following link.


8. Payments
The Customer warrants Lavika to have the necessary authorizations to use the payment method chosen for his Order when the Order is sent. All Orders are payable in Euros, taxes and mandatory contributions included. Any bank charges shall be borne by the Customer, even in the event of a refund. In case of non-payment or late payment of the Order by the Customer, Lavika reserves the right to apply default interest equal to the legal interest rate starting from the tenth working day following the date of the Order or notification of the rejection of bank payment.
The accepted payment methods are:
- Credit cards: The credit cards accepted on the Website are the following: Visa, VisaElectron, MasterCard. These payments cards must be issued by bank or financial institution based in Italy and/or the European Union states. Credit card payments are handled through Shopify Payment.
 - PayPal/Amazon Pay/Scalapay: If the Customer owns a PayPal/Amazon Pay/Scalapay account, he/she can choose this payment method. In this case, the Customer will be redirected to the PayPal/Amazon Pay/Scalapay website to proceed with the payment;
- Online Vouchers;
- Gift Cards.
In any case, Lavika reserves the right to suspend or cancel, at their discretion and at any time, the execution of an Order and/or the shipment of the Products ordered in the event of non-payment or partial payment, in case of late payment or in case of fraud or attempted fraud through the use of Lavika Website, also in relation to previous Orders. In order to guarantee the security of payments made by credit card, the Customer shall transmit to Lavika the security code (CVV) indicated on the credit card used by the Customer. Lavika also reserves the right to request a photocopy of the Customer's identity card for any payment made by credit card, as well as any other information relating to the identity of the Customer necessary for the identification of the same in order to guarantee security and correctness of transactions made through the Website. As part of the fight against Internet fraud, information regarding the Customer's Order may be transmitted to third parties authorized by law or designated by Lavika for the sole purpose of verifying the identity of the Customer, the validity of the Order, the payment method used and the place of delivery.


9. Receipts and Invoices
Purchase receipts will be sent by e-mail to the e-mail address indicated by the Customer when registering the Account on the Website. The Customer may request, in addition to the purchase receipt, the sending of an invoice/bill. To this end, he/she shall send a specific request to Customer Service by e-mail (to the following address: orders@lavikalab.com) within and no later than 2 (two) working days from receipt of the Order Confirmation E-mail, providing the following data:
- First and last name;
- Billing address, including postcode;
- Tax code and VAT number.


10. Delivery of the Products
The Products ordered by the Customer based on these GCS will be delivered to the address indicated by the Customer as a Shipping Address within the Order.
Lavika ships exclusively within the Territory, using:
- GLS shipping services for shipments in Italy (including Repubblica di San Marino, Stato Città del Vaticano);
- DHL and FedEx deliveries outside Italian territory but anyway within Europe (including United Kingdom).
A person in charge of the Transport Company and will deliver the parcel to the Shipping Address. Deliveries are made on working days (from Monday to Friday). It is not possible to raise any disputes relating to the shipment in the event that the package appears to have been delivered. For this purpose, the computer system of the carrier is authoritative. No liability can be attributed to Lavika in the event of any delay in the execution of the Order or delivery of the Products.
Product shipment times are generally between:
- 2 (two) and 5 (five) working days for deliveries within Italian territory (including Repubblica di San Marino, Stato Città del Vaticano);
- 2 (two) and 7 (seven) working days for deliveries outside Italian territory but anyway within Europe (including United Kingdom).
Delivery times are approximate and start from the moment the shipping confirmation e-mail is sent to the Customer. Once prepared and shipped, the Order will be given a parcel number that will allow the Customer to inquire about the status of the shipment and delivery of the Products. Import taxes and duties will be the responsibility of the Customer and will be charged to this latter, including any fee due to the Transport Company in charge of Products delivery. Unfortunately, Lavika has no control over these costs as they are imposed by local customs office of the Country where the Products are sent and Lavika is therefore unable to offer assistance on these processes. Lavika advises the Customer to check the import charges applicable in any country before ordering Products to be delivered in such countries. For more details, please visit the “Shipping and Returns” section of the Website.
No deadline for delivery is binding for Lavika or the Transport Company, with the result that the latter will in no case be liable for any damage caused to the Customer and/or the recipient of the Products by the delivery delay.


11. Faults, non-compliance and damage to the Products
11.1 Faults and damage to the external packaging at the time of delivery
At the time of delivery of the Products by the courier, the Customer is obliged to check that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (adhesive tape or metallic strapping). Any damage must be, under penalty of forfeiture::

- immediately reported to the courier performing the delivery. Once the courier's document has been signed without reservation, the Customer will not be able to oppose any dispute about the external characteristics of what was delivered; and also

- communicated within and no later than the next 2 (two) days, by sending an e-mail to Customer Service to the following address: orders@lavikalab.com.

11.2 Faults, non-compliance and damage to the Products
In the event of a lack of conformity of a Product pursuant to Article 129 of the Consumer Code, the legal guarantee referred to in Articles 130 and 132 of the Consumer Code will apply. The Customer has the right to restore, without charge, the conformity of the goods by repair or replacement. In the event that such remedies fail, the Customer has the right to an adequate price reduction or to the termination of the agreement. The Customer loses these rights if he/she does not report the lack of conformity to Lavika within 2 (two) months from the date on which he discovered the fault. Lavika is responsible when the lack of conformity occurs within 2 (two) years of delivery of the Product. The direct action to assert the faults not fraudulently concealed by Lavika is prescribed, in any case, within 26 (twenty-six) months from the delivery of the Product. The Customer shall contact the Customer Service reporting the lack, the defect, the damage or the non-conformity of the Products. The Customer must follow the procedure for returning damaged, non-compliant and/or defective Products indicated by Customer Service, otherwise the Customer is not entitled to claim any refund or replacement of the Products in question. The Product, even if defective, in order to be replaced, must also, at the time of return to Lavika, be complete with the original packaging and all the accessories and documentation received by the Customer at the time of delivery. The return of the Product without the original packaging, accessories and documentation mentioned above prevents Lavika from replacing the Product itself at the manufacturer and makes replacement impossible.

11.3 Product Replacement

In the event of a dispute pursuant to paragraphs 11.1 and 11.2 above, Customer Services is entitled to carry out any verification and check deemed useful for the purpose of processing the case. Once the Products returned by the Customer are received, Lavika will verify the validity of the Customer's complaints. If this verification is positive, in compliance with the provisions of article 130 and following of the Consumer Code, Lavika will replace the defective, damaged or non-compliant Product and will send it to the Customer as soon as possible and in any case within 30 (thirty) working days from receipt of the Products. Shipping costs will be borne entirely by Lavika. In the event that Lavika is unable to proceed with the replacement of the Products within the aforementioned deadline, Lavika will immediately notify the Customer to the e-mail address indicated at the time during the Account registration and will propose the following alternatives to the Customer:
- reimbursement of the cost of these Products and shipping costs (if the Customer provides proof of the cost incurred to return the Products); if the Customer decides to adhere to this alternative, the reimbursement of the price will be made by Lavika by crediting the related amount through the payment method used for payment as soon as possible, and in any case within 30 (thirty) working days from the date Customer receives the Products;
- recognition of a credit (equal to the cost of such Products and shipping costs where the Customer provides proof of the cost incurred to return the Products), with the provision of an Online Voucher to be spent on purchases on the Website.
In the event that, after checking the returned Products, Lavika deems that the disputes are unfounded, the Customer will not be entitled to a refund and the Products will be returned to him/her at the Customer's expense.

12. Withdrawal
12.1 Right and Terms for the Withdrawal Exercise
In accordance with the provisions of Article 52 of the Consumer Code and subject to the exclusions referred to in Article 59 of the same Consumer Code (in particular the hypothesis of the purchase of clearly personalized goods or the supply of sealed goods that cannot be returned for hygienic reasons, such as cosmetics, or related to health protection that have been opened after delivery), the Customer is entitled to, within the term of 14 (fourteen) days from the acquisition of physical possession of the package containing the ordered Products or, in the case of the purchase of multiple goods ordered by the Customer in a single Order and delivered separately, from the acquisition of physical possession of the last Product purchased, withdraw from the purchase agreement without penalty and without the obligation of providing any reason. In case of purchase of a service, the right of withdrawal can be exercised by the Customer, within the term of 14 (fourteen) days starting from the date of receipt of the Order Confirmation E-mail, on condition that the provision of such service has not been completed yet. Any Gift Card, where available, shall be understood as a service pursuant to this clause. To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

12.2 How to Exercise the Right of Withdrawal
If the Customer wants to exercise the right of withdrawal the Customer must inform Lavika by sending: a notice by registered letter with advice of delivery to the following address: Corso Magenta 82, 20123 Milano; or an e-mail to orders@lavikalab.com. To this end, the Customer can use the withdrawal form provided for in Annex I part B of the Consumer Code, with the following content:


- Recipient:
Returns to Lavika Società Benefit S.r.l., Corso Magenta 82, 20123 Milan, by e-mail orders@lavikalab.com.


With this letter, the undersigned __________ notifies the withdrawal from the purchase agreement of the following goods: [insert a description of the products purchased, ordered on the _________ (or received on the __________)
- Name, Surname, Customer Address
- Client's signature (only if the form is notified in paper version)
- Date


12.3 Consequences of exercising the right of withdrawal
Once it is exercised the right of withdrawal pursuant to this article, within the terms and in the manner described below for the return of the Products, the Customer may obtain at his/her choice, as required at the time of sending the notice of withdrawal:
- reimbursement of the amount paid for the returned Products, by crediting the related amount through the payment method used;
- a credit of an amount equal to the price of the Products returned in the form of Online Voucher, usable only on the Website.


12.4 Costs and methods for returning the Products
In accordance with the provisions of article 57, paragraph 1 of the Italian Consumer Code, the Customer will have to bear the return costs. The Products must be returned to Lavika, without undue delay and in any case within 14 (fourteen days) from the date Customer informed Lavika of his/her decision to withdraw from the agreement. The Customer shall bear the direct cost of returning the Products. The Customer is responsible of the decrease in the value of the Product and/or its packaging, resulting from the handling of the Product and/or its packaging other than that necessary for establish the nature, characteristics and functioning of the assets. If the right of withdrawal is exercised, Lavika will not be responsible for the return shipping costs or for any loss or damage to the Products attributable to third parties. The Products must be returned to Lavika in their substantial integrity, with their original packaging, accessories, instructions for use and anything else they have been supplied with, by post to the following address:


Returns to Lavika Società Benefit S.r.l.
Corso Magenta 82
20123 – Milano (MI)
Italy
Lavika only accepts packages or registered letters that are correctly addressed. Any risk related to the return of the Products will be exclusively borne by the Customer and/or the recipient of the Order, except in the event that the Customer/recipient of the Order does not prove that he/she has handed the Products to be returned to a carrier.


12.5 Exclusion of the right of withdrawal
Without prejudice to the impossibility of exercising the right of withdrawal in the cases provided for in Article 59 of the Consumer Code (including the case of the purchase of sealed goods that are not suitable to be returned for hygienic reasons, such as cosmetics, if they have been opened after delivery), the Customer, pursuant to Article 57 paragraph 2 of the Consumer Code, shall in any case be liable - in all other cases - for any decrease in the value of the Product and/or its packaging, resulting from a manipulation of the Product and/or its packaging other than that necessary to establish the nature, the characteristics and functioning of the goods. Should the exclusions provided for in Article 59 of the Consumer Code occur, or should the decrease in the value of the Product, as a result of manipulation, be total and therefore the Product can no longer be put on sale, the withdrawal cannot be validly exercised and, where the Customer has in any case provided for the return, he/she shall not be entitled to obtain a refund from Lavika of the price paid for the purchase of the Products. The sale shall then be considered final and Lavika shall proceed with the return of the Products to the Customer. To this end, Lavika shall send a notice to the Customer requesting the Customer to indicate an address to which the Products are to be returned. The Customer must indicate the address to which to receive the Products for which the return has been refused within 90 (ninety) days from receipt of the communication from Lavika. Once the aforementioned 90 (ninety) days have passed without Lavika receiving a reply, the Customer shall no longer be entitled to the return of the Products and Lavika shall be entitled to proceed with the disposal of the Products. Any costs incurred by Lavika in returning the Products to the Customer shall be borne by the latter.


13. Duration
These GCS, as amended from time to time, shall apply for as long as the Products will be on sale on the Website and until the terms of the guarantees expire. In any case, the art. 14 (Liability) shall remain valid after the termination of these GCS.

14. Liabilities
Lavika does not take any liability for disruptions attributable to the courier, the fact of a third party, the fault of the Customer or due to force majeure or unforeseeable circumstances even when caused by malfunctions and disruptions of the Internet network, in the event that they are unable to execute the Order within the time limits set forth in these GCS. Lavika will also not be responsible for damages, losses and costs incurred by the Customer as a result of failure to execute the Order for reasons not attributable to Lavika, unless they depend on an omission by Lavika. In this case, the Customer is only entitled to a full refund of the price paid and the shipping costs incurred. Lavika cannot be held responsible for the information, data and any technical inaccuracies that may be contained on the Website, if they have been communicated by third parties and have been verified by Lavika according to the criteria of ordinary diligence. In particular, the information and content available on the Website are provided «AS IS» (in the state in which they are found) and Lavika does not give any guarantee, either express or implicit, in relation to integrity, accuracy, timeliness , non-infringement of third-party rights, availability, reliability or completeness of the information and content, including but not limited to, information on the Products, accessories or services that appear on the Website and/or their suitability for a specific use. Lavika will not be in any way responsible for the improper use of the Products and/or services by the Customer and/or recipient of the Order, and in particular for the case of failure to comply with the instructions for the use of the Products. Lavika will not be in any way responsible for any damage caused to the Customer or to third parties, deriving from said non-compliant use. Lavika assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the Products purchased, if it proves to have adopted all the possible precautions based on the best technology and experience of the moment and based on ordinary diligence. Lavika declines all responsibility for direct and indirect damages, whether foreseeable or not, consequent and/or connected to the use of the Website by the Customer. If Lavika is held responsible for a prejudice suffered by the Customer and attributable exclusively to the transmission of an Order, this responsibility will be limited to the amount of the Order actually paid by the Customer to Lavika. Nothing in these GCS excludes or limits the responsibility of Lavika towards the Customer and/or recipient of the Order for fraud, death or personal injury caused by the negligence of Lavika, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any complaint submitted by users of the Website, including all Customers, against Lavika must be submitted, under penalty of forfeiture, within 6 (six) months following the occurrence of the event that is the subject of the complaint. The use of the Customer's username and/or password for registration/access constitute proof of the Customer's identity for the purpose of exercising Lavika's right, after sending the Order Confirmation Email, to claim the relevant amounts. The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and make the sums indicated for the purchase of the Products indicated in the Order payable. The computer records of Lavika and Lavika's partners shall constitute proof of communications, Orders and payments between the Parties. Lavika and/or its business partners will in no way be responsible for the improper use and/or disclosure to third parties of the registration/access information of the Customer. The Customer before applying the Products, is obliged to make sure that he/she is not allergic to any of the ingredients of the Products. Lavika will not be responsible for any reactions to the ingredients of the products sold.

15. Images
Lavika undertakes to ensure that the colours of the images displayed on the screen by the Customer are as similar as possible to the actual colours of the Product. In any case, Lavika cannot under any circumstances guarantee an exact and precise colour match as the colours of the images and photographs may vary due to multiple factors and variables, including screen and resolution settings.

16. Customer’s Obligations
The Customer undertakes to pay the price of the Product(s) purchased in the time and manner indicated in these GCS. The Customer undertakes, once the online purchase procedure has been completed, to print and keep these GCS. The Customer is solely responsible for the correctness of the data entered in the registration procedure and undertakes not to enter false and/or invented data. The Customer keeps Lavika relieved from any liability deriving from the issue of incorrect tax documents due to inaccurate data supplied by the Customer. The protection of personal information of their Customers and the provision of a high level of security are priorities for Lavika, but the Customer is also required to protect his/her personal data. In particular, the Customer must maintain the security of his/her online transactions, for example by refraining from communicating his/her username (Customer’s e-mail address) and/or password to others and changing the password regularly.


17. Medical treatments
No Product should be used as a substitute for medical treatment or clinical treatment. The information published on the Website cannot be understood as treatments or treatments for dermatological problems and in no way must they be considered as such. Suggestions on the Website or provided by Customer Service for informational and/or illustrative purposes will never be considered as substitutes for medical advice.

18. Retention of Title
The ownership of the ordered Products will remain with Lavika until the entire price of the Order, including shipping, taxes and other mandatory contributions (where applicable), is fully paid by the Customer.

19. Intellectual Property
The trademark Lavika, all figurative and non-figurative trademarks present on the Products, on the Website, images, illustrations and logos and any content on the Website (including, without limitation, the Terms and Conditions and these GCS) are exclusive property of Lavika and/or the respective holders of intellectual property rights thereon. It is strictly prohibited to replicate in whole or in part, modify or use such trademarks, illustrations, images and logos, or any other content on the Website, for any reason and by any means, without the express written permission of Lavika and/or their respective owners of intellectual property rights on them.

20.  Personal Data
Lavika collects and processes the Customer’s personal data and, if applicable, those of the recipient of the Order in order to provide their Products and services in accordance with these GCS. For information concerning the processing of personal data of the Customer and possibly of the recipient of the Order, please consult the Website Privacy Policy, available at the following link.

21. General Clauses

21.1 Partial Invalidity
In the event that any provision of these GCS is declared invalid or ineffective due to a legislative change or following a ruling by a judicial authority, the remaining clauses of these GCS will remain fully valid and effective.

21.2 Waiver
The fact that one of the Parties does not enforce against the other a violation of any of the obligations contained in these GCS, shall not be construed as a waiver to obtain the fulfilment of the obligation in question for the future.

21.3 Governing Law and Court of Jurisdiction
These GCS and all sales of Products and services on the Website are governed by the Italian Law. Any dispute related to the existence, interpretation and/or termination of these GCS shall, in the absence of a settlement, be submitted to the jurisdiction of the competent Italian Courts based on the Customer’s place of residence or domicile. The Customer also has the possibility to resolve disputes, without recourse to the Court, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.

 

 

GENERAL TERMS OF USE

1. Information on the Website owner
This website lavikalab.com including its mobile version and its application, where available (hereinafter referred to as the “Website”) are owned and operated by Lavika Società Benefit S.r.l., a company incorporated under Italian law with fully paid-up capital of Euro 10.000,00 (ten thousand,00), registered with the Milan Business Register, R.E.A. Milan 2685803, VAT number and tax code 12812860968, with registered office in Milan, in Corso Magenta 10, Cap: 20123, E-mail info@lavikalab.com (hereinafter, “Lavika”).


2. Premises
The Website is an e-commerce platform aimed at the online purchase of cosmetics products and any ancillary services offered by Lavika to any user of the Website (hereinafter, the “User”). Access to and use of the Website by any User, regardless of the purpose of their visit, whether consultation or purchase, is governed by these General Terms of Use (hereinafter, “GTU”). By accessing and using the Website, the User agrees to be bound by these General Terms of Use. If the User does not intend to accept the GTU, he/she must not use the Website. In the event of purchase of the products and/or services on the Website, the General Conditions of Sale will also apply (available at the following link.
Lavika reserves the right to suspend or terminate a User's access to the Website at any time, without notice, in the event that Lavika (a) reasonably believes that these GTU and/or the General Conditions of Sale and/or any other rule on the Website are violated or (b) deems necessary to do so for security reasons.


3. Amendments to the GTU
Lavika can periodically make changes to the GTU. The User acknowledges and agrees that, in case of use of the Website after the date on which the GTU have been modified, such use will be considered as an implicit acceptance of the modified GTU. It is the responsibility of the User to periodically check the GTU to see if changes have occurred.


4. Personal data
For information regarding the processing of the User's personal data by Lavika during the visit and interaction with the Website, please consult the Privacy Policy, available at the following link.


5. Account
The User may decide to register their data through the Website and create a personal account (hereinafter, the “Account”). In the absence of an Account, the User may access or use only some of the services or options offered on the Website.
To create an Account, the User needs to provide:
a) Name and surname;
b) Address;
c) E-mail address;
d) Password to access the Account.

The processing of such data will take place in accordance with the Privacy Policy).
The responsibility for maintaining the confidentiality of access information and controlling access to the personal account is solely and entirely up to the User. The User will be the one and only responsible for all the activities carried out through their Account (including, by way of example only, any purchase of products, even if made through their Account and/or any comment and/or review published on the Website). The User, as soon as he/she becomes aware, must immediately notify Lavika of any security breach or unauthorized use of the Account credentials. Lavika reserves the right to interrupt and close a User's Account at any time and without notice in the event that Lavika (a) deems, in its sole discretion, that the User is using their Account in breach of these GTU and/or of the General Conditions of Sale and/or any other rule provided by the Website, (b) has reason to believe that a third party is using the Account of another User without his/her consent, or (c) for security reasons or for maintenance of the Website.


6. Intellectual property

6.1. Copyright on the Website and other material
The User acknowledges and agrees that the Website contains confidential information protected by intellectual property laws. All intellectual property rights on the Website, including but not limited to software or HTML code, newsletters, texts, databases, drawings, photographs, images, design, video and/or audio material and any other material contained on the Website (hereinafter, the “Material”), are exclusive property of Lavika and/or its licensors. All Material is made available to the User by Lavika and/or its licensors, exclusively for personal and non-commercial use. By way of example only, the User must not:
a) copy, reproduce, publish, transmit, distribute, play, display, communicate, modify, create derivative works, reverse engineer, sell, license or otherwise exploit the Website, or any part of the Material, including, by way of example, including or creating a link with the Website or any part of the Material, without prior written permission by Lavika;
b) access or use the Website or any part of the Material for commercial purposes or for any other purpose that competes with Lavika and/or its licensors.

6.2. Trademarks
The User acknowledges and accepts that Lavika and/or its affiliates, and/or its licensors are the exclusive owners of the Lavika brand and logos, as well as any other brand and/or logo that appears on the Website (hereinafter, the “Trademarks”). Any use of the Trademarks by the User is strictly prohibited and constitutes a violation of the intellectual property rights owned by Lavika, by its affiliates and/or by its licensors. Lavika reserves the right to take action to obtain compensation for damages in the event of counterfeiting of the Trademarks and/or in any case of violation of its intellectual property rights.

6.3. Hypertext links
The Website may, from time to time, contain hypertext links to other websites, web pages or third-party content. Lavika does not control such websites, web pages and third-party content and, therefore, disclaims any liability for the accuracy, correctness, security or reliability of any website, web page or third-party content, nor will it be responsible for the content, advertising, products, services or any other information or data present on or deriving from such websites or third-party web pages. Furthermore, Lavika cannot be held liable for any damage or loss suffered by the User resulting from its access, use or reliance on such websites, web pages or third-party content. The creation of links to Lavika’s Website, the framing of the Website and more generally any use of the Material of the Website or part of it, are subject to prior and express written authorization from Lavika, which may be revoked at any time at the sole discretion of the latter. Lavika reserves the right to:
a) request the removal of any link to the Website that was not, or is no longer, authorized;
b) ask for compensation for damages suffered due to the unauthorized link.

 
7. Social Media
The User may have, where permitted by the features available from time to time on the Website, the possibility to share on social networks (such as, for example, Facebook, Twitter, Pinterest, Google+, etc.) some information (product features, images, news) on the Website. This action will be accompanied by a message prepared by Lavika that can be customized by the User. For example, by clicking on the “Like” or “Share on Facebook” icon, the content will be uploaded to the User's Facebook profile. The contents shared on social networks will be subject to the terms and conditions of use of each of the social networks that, therefore, must be consulted in advance by the User. The User is exclusively responsible for the publication on the social networks of contents coming from the Website and Lavika cannot in any case be held responsible for its use once the content has been published on social networks. The User undertakes to indemnify Lavika from any harmful consequences deriving from the publication by the User on social networks of any content coming from the Website and/or its combination with any other content. Should a User be interested in a product available on the Website and wishes to share its characteristics with a third-party (e.g., a friend, a family member), he/she may click on the envelope icon, if available on the Website, and enter the name and e-mail address of that third party. In this case, an e-mail will automatically be sent to the recipient selected by the User containing product information. The e-mail is sent under the full and exclusive responsibility of the User, although sent through Lavika's systems. No information regarding such sending will be retained by Lavika. Such data is only processed for the purpose of technically ensuring the transmission of the User's e-mail. Such communication constitutes private correspondence and no further use of such content, such as for commercial or advertising purposes, is permitted.


8. User Comments
The User who has registered an Account may be allowed to post comments and reviews related to certain products and/or services offered on the Website (hereinafter, "Comments"). The User agrees to assume all responsibility in relation to the Comments posted and, consequently, to indemnify and hold Lavika harmless from any third-party claims. The User acknowledges and accepts that Lavika may refuse and/or remove, at its sole discretion, the publication of Comments considered obscene and/or defamatory and/or not in line with its ethical principles.


9. General limitations on the use of the Website and User behaviour
The User is required to use the Internet in a responsible manner and in compliance with the rights of other Website users and, in general, of other Internet users. In particular, the User, by accessing the Website, must refrain from:
a) upload on the Website, publish, send by e-mail or transmit by any other means content that is unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, indecent, damaging the private sphere of others, unpleasant, offensive or reprehensible from a racial, ethnic or other point of view;
b) upload on the Website, publish, send by e-mail or transmit by any other means unsolicited or authorized advertising or promotional materials, false information, e-mail chains, or any other form of unauthorized commercial solicitation;
c) upload on the Website, publish, send by e-mail or transmit by any other means materials containing viruses or other codes, files or programs created to destroy, damage, interrupt or limit the operation of any software and/or hardware or any electronic telecommunications networks;
d) interfere with, or interrupt the operation of the Website or servers or networks connected to the Website, or violate the requirements, procedures, rules or regulations of networks connected to the Website;
e) damage or attempt to damage the use of the Website by any User, host or network, including without limitation, through the introduction of viruses on the Website, the voluntary overload or saturation of the server and/or mailboxes or, furthermore, the falsification of the information of the TCP/IP protocol or any other information forming part of the headers included in any e-mail message;
f) make or attempt to make changes or alterations to any part of the Website;
g) access data that are not intended for the User or access a server/account to which the User is not authorized to access;
h) try to ascertain or test the vulnerability of a system or a network or even try to violate security or authentication measures without having received authorization;
i) usurp the identity of another person;
j) carry out an activity or induce another person to carry out an illegal activity or any other activity that may violate the rights of Lavika, its suppliers, partners, distributors or its advertisers or any other User;
k) circumvent or attempt to circumvent, disable or otherwise interfere with any element related to the security of the Website or elements that (i) prohibit or limit the use or copying of any Material or content and/or (ii) strengthen the limitations on the use of the Website or the content accessible on the Website;
l) transmit or transfer (by any means) information or software derived from the Website to foreign Countries and/or to foreign citizens in violation of any national or international law or regulation.
The User undertakes to comply with all national and international rules and procedures relating to the conduct to be kept online and to the admissible contents, including all laws in force related to the transmission of technical data. At any time and for any reason, Lavika may, at its discretion, implement any system aimed to interrupt and terminate, without notice, the User's use of the Website or any service offered on the Website, should the User be in breach , or should Lavika believe that User is in breach of this GTU and/or the General Conditions of Sale and/or any other rule present on the Website. Lavika reserves the right to request a compensation from the User for damages in the event of non-compliance with these GTU and/or the General Conditions of Sale and/or any other rule on the Website.

10. Website access and operation
The User is personally responsible for the IT and telecommunications means that allow him/her to access the Website. The connection costs and the equipment necessary to access the Internet and to use the Website shall be borne, in whole, by the User. The User acknowledges and accepts that the use of the Website is at his own risk and danger. Lavika cannot be held responsible for any damage that a User may suffer as a result of such use. Lavika declines any responsibility for indirect damages, regardless of the causes, origins and nature of the same, deriving from the use and/or non-use of the Website, as well as from having given credit to any information directly or indirectly coming from the Website, including by way of non-exhaustive example, the costs deriving from the imprudent purchase of products and/or services offered on the Website, loss of profit, of customers, of data or other losses of intangible assets.

11. Liabilities
Lavika does not give guarantees of any kind, whether express or implicit, concerning in particular the integrity, accuracy, timeliness, non-violation of rules, availability, reliability and completeness of information on the Website, including information on the products, accessories or services offered on the Website and/or their suitability for a particular use that the User intends to make of them. The information published on the Website cannot be understood or considered as treatments for dermatological problems. The suggestions presented on the Website or provided by Lavika customer service for informational and/or illustrative purposes can never be considered as substitutes for medical advice. In the event that the User intends to make a claim against Lavika regarding the Material of the Website and/or the products and/or services offered therein, this complaint must be made by sending a written communication to the following address Corso Magenta 82, 20123 Milano, no later than 6 (six) months following the onset of the event from which the complaint originates. The foregoing does not affect the rights of the User acting as a Customer pursuant to the General Conditions of Sale applicable to actual purchases on the Website, recognized by the Consumer Code laws (Italian Legislative Decree 206/2005).


12. General clauses

12.1. Validity of the Agreement
In the event that any provision of these GTU is declared invalid or ineffective due to a legislative change or following a ruling by a judicial authority, the remaining clauses of these GTU will remain fully valid and effective.

12.2. Governing Law and Court of Jurisdiction
These General Terms of Use are governed by the Italian Laws, without prejudice to any more favourable consumer protection rules provided by the laws of residence of the User. Any dispute related to the existence, interpretation and/or termination of these General Terms of Use shall be referred to the jurisdiction of the Courts of the place where the User’s domicile or residence is located, if in the Italian territory, otherwise the Court of Milan or the Court of residence or domicile of the User. The User also has the possibility to resolve disputes, without recourse to the Court, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.